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This blog post was authored by Jennifer Rosner. In a 2014 decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave Act (“FMLA”).  However, buyer beware!  If an employee affirmatively declines to use FMLA to which he/she would otherwise be entitled, the employer may be shielded from a lawsuit if it takes an adverse employment action…
This post was authored by Jeffrey C. Freedman. Picture this: you are your agency’s Human Resources Director. One morning a fellow Director from another Department comes to visit you. She tells you she was sitting before her home computer the prior evening and found a Facebook post from one of her employees complaining about his pay and benefits, making defamatory comments about her, and stating his plan to take his issues to his union. A…
This post was authored by J. Scott TiedemannLars T. Reed. On January 1, 2019, California Senate Bill 1421 went into effect. The new law allows members of the public to obtain certain peace officer personnel records that were previously available only through the Pitchess procedure by making a request under the California Public Records Act (“CPRA”). We described this legislation in detail in a previous Special Bulletin. In short, SB 1421…
This post was authored by Paul D. Knothe. On September 30, 2018, Governor Edmund G. Brown, Jr. signed two significant pieces of legislation, Senate Bill 1421 and Assembly Bill 748, that will require major changes in how law enforcement agencies respond to requests for peace officer personnel records. We described this legislation in detail in a previous Special Bulletin. In short, these two statutes will allow members of the public to obtain certain peace…
This post was authored by Alysha Stein-Manes. As we ring in the new year, employers will be tasked with implementing new laws that Governor Brown signed into law this past fall.  Here is a summary of a few major bills that go into effect on New Year’s Day: 1. AB 1976: Lactation Accommodations AB 1976 amends Labor Code section 1031, regarding lactation accommodations in the workplace.  California law requires employers to provide a reasonable…
This post was authored by Erin Kunze. Last month, the Court of Appeal for the Third Appellate District of California found that an employee’s time traveling between home and a job site in an employer’s vehicle was not compensable, despite the employer restricting the employee’s activities during the commute time at issue.  Notably, this case analyzed a California wage and hour law on travel time that applies to public sector employers other than counties…
This Special Bulletin was authored by Heather DeBlanc and Amit Katzir. A federal district judge in Texas ruled last Friday that the Patient Protection and Affordable Care Act’s individual mandate was unconstitutional and that the ACA’s other provisions were therefore also invalid. The decision centers around the ACA’s “shared responsibility payment,” a penalty on individuals who decline to purchase insurance coverage pursuant to the ACA’s individual mandate.  Construing this penalty as a tax, the…
This post was authored by Megan Lewis. The Department of Fair Employment and Housing (DFEH) recently issued its 2017 Annual Report, which provides a fascinating glimpse into who is filing complaints and why. The DFEH is the largest state civil rights agency in the country.  Its stated mission is to protect the people of California from unlawful discrimination in employment, housing, and public accommodations, and from hate violence and human trafficking.  To accomplish…
This Special Bulletin was authored by Gage C. Dungy and Lars T. Reed. Since 2005, Assembly Bill 1825 has required private sector employers with 50 or more employees and all public employers provide two hours of sexual harassment training to supervisory employers within six months of assuming a supervisory position and again at least every two years.  This has commonly been referred to as “AB 1825” supervisor harassment training and is codified under Government…